Enhancing the Admissibility of Legal Expert Testimony

In some areas of law, expert witnesses are used so frequently that the general theories behind their comments are very unlikely to change. In other disciplines, however, new research or highly specialized experts will face additional challenges in the courtroom as they attempt to argue certain theories. However, there are several steps you may take as you prepare for court that will ensure that your witness’s testimony is admissible for consideration by the judge and jury.

The first step involved in enhancing the admissibility of expert witnesses involves choosing a proper expert. Selecting an expert who is highly qualified to speak about the facts and theories in the case will increase the odds of your success. When the credentials of your witness are easily verified, that expert will be a valuable asset in your arsenal.

Preparation is the key to success in courtroom hearings. Before each courtroom proceeding, be sure to review the case file, prepare your client accordingly, discuss the possible outcomes with your expert witness, and organize your thoughts. Taking the time to prepare well, even for seemingly insignificant hearings, will increase your odds of success at the end of the case.

When your selected expert is highly credible and well prepared before offering testimony, this minimizes the time spent in court and increases the chances that your arguments will be considered seriously. Additionally, opposing counsel will have a difficult time rebutting the testimony of qualified, well-respected expert witnesses.

From the beginning of the case, seek a legal expert witness who is confident about his or her ability to enhance your understanding of the facts and their application to the law. Careful selection and preparation both improve the admissibility of expert witness testimony in a dispute over co-counsel or legal fees.

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